How it Works: Legal Process for Divorce in Arizona
Oct 20th, 2008 by Leigh Cutright
Arizona is a “no fault” divorce state. That means that there is no need to show cause in order to obtain a divorce unless the marriage is a covenant marriage, which is beyond the scope of this article and will not be discussed. One party simply has to allege that the marriage is irretrievably broken with no prospect of reconciliation and that is all that is necessary to satisfy the initial threshold to file a Petition for Dissolution. It is possible to contest an allegation that the marriage is irretrievably broken by filing a responsive pleading which denies the allegation. The case will then be sent to Conciliation Court where both parties are required to attend at least one marriage counseling session, and possibly more if both parties agree. If the counseling fails and at least one party still wants the divorce then the case will be sent back to Superior Court to proceed.
The divorce begins in Superior Court by filing several documents, including the initial Petition for Dissolution. These are also served to the spouse.
This process serving is typically done in any of four ways:
1) Delivered by a Certified Process Server;
2) Signing Acceptance of Service of Process;
3) Certified Mail (Restricted Delivery);
4) Publication
In an uncontested divorce the most common method of service of process is to have the Respondent sign an Acceptance of Service of Process. This document, along with many other documents in an uncontested divorce, can be prepared by a paralegal (aka a certified legal document preparer). Arizona is the first state in the country to license paralegals. In order to obtain a license an applicant must have achieved a high level of education and have practical experience. Then they can sit for an exam administered by the Supreme Court of Arizona and, so long as they pass the exam and exhibit a high level of character and fitness then a license may be issued. A competent, licensed paralegal is very well equipped to handle uncontested divorces in Arizona.
Contested divorces usually require the use of a certified process server in order to achieve service of process. In any event service of process must be completed within 120 days of the Petition for Dissolution is filed. Contested divorces usually also require the services of an attorney. Representing yourself without an understanding of the Arizona Rules of Family Law Procedure can be a daunting task.
After that service of process takes place, the route a case may take depends on if it is an uncontested or contested divorce. Contested divorces will move to a discovery process, where each individual can obtain all needed personal and financial information. A variety of legal procedures and instruments may be utilized, such as subpoenas, depositions, requests for admissions and interrogatories. Once this stage is finished, then a Motion to Set Trial is made. The trial date will be set as the court issues a scheduling minute entry, as well as a date for a settlement conference and a pre-trial statement deadline. If the couple reaches a settlement at any time, this process can be bypassed. If that arises, a Consent Decree can be worked up for both individuals to sign and the case is done.
For uncontested divorces, the procedure is much less complicated. Once the process of service is done, all that is needed is the filing of the Application for Default after 21 days. Then you wait the mandated 61 days before you file the Decree of Dissolution. When you use paralegals to handle this, they will take care off all the dates and help you through the entire procedure.
Since attorney fees are much higher than paralegal fees, using a paralegal is an excellent option, especially for uncontested divorces. By licensing paralegals, the state of Arizona has helped its citizens tremendously through the divorce process.
